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2025 DAILYLAW 166572 (ALL)

RAJESH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, DEPTT. LKO. AND 2 OTHERS

/8164/2025 · 2025-09-23

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8164 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record. 2. The present application has been preferred seeking following main relief:- "Set aside the impugned rejection of revision order dated 12/09/2024, contained in Annexure no.1, passed by the District & Session Judge, Gonda in Revision No. 243 of 2024, and, impugned summoning order dated 23/04/2024, contained in Annexure no.2, passed by the Learned Judicial Magistrate-II, Gorida after summoning the records," 3. At the very outset, learned counsel for the applicant(s) submitted that at this stage, he is confining his prayer to seek the benefit of the judgment(s) passed by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 for which liberty may be given to the applicant(s) and liberty may also be given to the applicant(s) to approach this Court again at appropriate stage for seeking appropriate relief. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant(s). 5. Keeping in view the aforesaid, the present application is disposed of with Versus Counsel for Applicant(s) : Dinesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Rajesh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Deptt. Lko. And 2 Others .....Opposite Party(s) liberty as prayed for. 6. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today, they would not take any coercive action against the applicant(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 23, 2025 Mohit Singh/- A482 No. 8164 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench